Legislator Case Law & Legislation
I PKN 425/99 AI generated

Refusal to accept job transfer under Art. 230 KP constitutes a serious breach of duties under Art. 52 KP.

Case Number I PKN 425/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the employee's cassation appeal seeking reinstatement after refusing a mandatory job transfer under Article 230 of the Labor Code. The court found that the employer's letter ordering the transfer to a non-hazardous position constituted a binding instruction, and the employee's subsequent refusal and return to a prohibited role amounted to a serious breach of basic duties. Consequently, the termination of the employment contract without notice was deemed lawful, and the claim for reinstatement was rejected.

Legislator headnote

AI generated

Art. 230 § 1 KP; Art. 52 § 1 pkt 1 KP: A written order to transfer an employee to a different position constitutes a binding instruction; refusal to comply constitutes a serious breach of basic employee duties justifying termination without notice.

Keywords

AI generated
job transfer order serious breach of duties termination without notice labor code obligations health hazard avoidance reinstatement claim cassation appeal dismissal

Cited Legislation

AI generated
Art. 230 § 1 KP
Art. 230 § 2 KP
Art. 52 § 1 pkt 1 KP
Art. 233 § 1 KPC
Art. 174 § 1 pkt 4 KPC
Art. 393 § 1 KPC

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